The fee agreement process is one of the two processes a duly appointed
attorney or non-attorney representative may use to charge and collect fees
for services he/she provided to a claimant in proceedings before the
Social Security Administration (SSA). If the representative elects to use
the fee agreement process, the claimant or the representative(s) must
submit the agreement to SSA before the date SSA makes the first favorable
decision the representative worked toward achieving. At the hearing and
Appeals Council levels of the administrative appeals process, the date SSA
makes a favorable decision is the date shown on the notice of favorable
decision. The ODAR decision maker should not approve or disapprove an
agreement unless he/she issues a favorable decision. The decision maker
should not approve or disapprove the agreement until the date the decision
is signed, dated and mailed.

A fee agreement is a written statement, signed by the claimant and his/her
appointed representative, specifying the fee the representative expects
to charge and collect and the claimant expects to pay, for services the
representative provides in pursuing the claimant's benefit rights in
proceedings before SSA. Although the fee agreement must be a written
statement, there is no statutorily prescribed language. Therefore,
representatives may craft their own fee agreements and decision makers
must approve an agreement if the statutory conditions of the fee agreement
provisions are met and no exceptions apply. The fee agreement:

May be combined with the appointment of representative document.

Remains in effect (i.e., subject to SSA's approval or disapproval in
connection with a favorable decision) throughout the administrative
appeals process of a claim(s) and during the administrative proceedings
following a court remand.

May contain a provision that limits its application to services through a
specific level of the administrative appeals process. For example, the
provision may state “This agreement applies only through the initial
Administrative Law Judge hearing.” Such a provision would provide,
in essence, for a two-tiered fee structure. Refer to
I-1-2-15 for policy and
procedures on two-tiered fee agreements.

May be amended, before the date of the favorable decision, to comply with
the requirements of the fee agreement process.

To be approved under §
206(a)(2)
of the Social Security Act, the fee agreement must meet the statutory
conditions defined in
I-1-2-12(A.). The
fee agreement will be excepted from the fee agreement process if one of
the exceptions listed in
I-1-2-12(B.)
applies. If a decision maker disapproves the fee agreement and (if
applicable) SSA upholds the disapproval of the agreement on administrative
review, the representative must file a fee petition if he/she wants to
charge and collect a fee.

If a decision maker approves a fee agreement in connection with a
favorable decision, but the favorable decision is later vacated, the
approval of the fee agreement and any authorization of fees under the
agreement are vacated as well because there is no favorable decision. If a
decision maker subsequently again issues a favorable decision, he/she
will approve or disapprove the fee agreement.

Important Information:

Other Government Websites:

Follow:

External Link Disclaimer

You are exiting the Social Security Administration's website.

Select OK to proceed.

Disclaimer

The Social Security Administration (SSA) website contains links to websites not affiliated with the United States government. These may include State and Local governmental agencies, international agencies, and private entities.

SSA cannot attest to the accuracy of information provided by such websites. If we provide a link to such a website, this does not constitute an endorsement by SSA or any of its employees of the information or products presented on the non-SSA website.

Also, such websites are not within our control and may not follow the same privacy, security or accessibility policies. Once you visit such a website, you are subject to the policies of that site.